Section 45 - Insertion of new sections 64A and 64B - Competition (Amendment) Act, 2023

Insertion of new sections 64A and 64B. 45 . After section 64 of the principal Act, the following sections shall be inserted, namely: Process of issuing regulations 64A. The Commission shall ensure transparency while making regulations under section 64, by (a) publishing draft regulations along with such other details as may be specified on its website and inviting public comments for a specified period prior to issuing regulations; (b) publishing a general statement of its response to the public comments, not later than the date of notification of the regulations; (c) periodically reviewing such regulations: Provided that if the Commission is of the opinion that certain regulations are required to be made or existing regulations are required to be amended urgently in public interest or the subject matter of the regulation relates solely to the internal functioning of the Commission, it may make regulations or amend the existing regulations, as the case may be, without following the provisions stated in this section recording the reason, for doing so. Commission to issue guidelines 64B. (1) The Commission may publish guidelines on the provisions of this Act or the rules and regulations made thereunder either on a request made by a person or on its own motion. (2) Guidelines issued under sub-section (1) shall not be construed as determination of any question of fact or law by the Commission, its Members or officers and shall not be binding on the Commission, its Members or officers. (3) Without prejudice to anything contained in sub-section (1), the Commission shall publish guidelines as to the appropriate amount of any penalty for any contravention of provision of this Act. (4) While imposing penalty under clause (b) of section 27 or under section 43A or section 48 for any contravention of provision of this Act, the Commission shall consider the guidelines under sub-section (3) and provide reasons in case of any divergence from such guidelines. (5) The guidelines under sub-sections (1) and (3) shall be published in such form as may be prescribed. . *********** Notes:- 1. Come into the force w.e.f. 18-05-2023 vide Notification No. S.O. 2228(E) dated 18-05-2023 (except 64B) 2. Come into the force w.e.f. 26-10-2023 vide Notification No. S.O. 4672(E) dated 26-10-2023